' IJAZ AHMAD, J.---This is an application for cancellation of to the respondent No.2 accused, vide order dated 25-11-2010 a passed by the learned Addl. Sessions Judge, Karor in case F.I.R. No.335 of 2010 dated 16-6- 2010 under sections 302, 148, 149, P.P.C., registered at Police Station, Karor, District, Layyah.
2. It is contended by the learned counsel for the petitioner that while declaring the petitioner innocent, the Investigating Officer has given no reasons for doing so; that the deceased has been subjected to continuous and ruthless beating which could not be done by a single person; that the respondent No.2 has been nominated in a promptly recorded F.I.R. And there is no reason for his false implication; that the respondent, is real uncle of Muhammad Imran; that the latter suspected illicit relation of his sister with the deceased; that there are reasons to believe that the respondent has participated in the episode. He further argues that the affidavits placed on the record by the respondent accused to show his 'alibi' are of no avail to him as the plea of 'alibi'. Cannot be entertained at the bail stage.
3. The cancellation of bail is opposed by the learned D.P.-G. And learned counsel appearing on behalf of the respondent No.2. It is contended that respondent No.2 has been declared innocent by the police. He is said to have attracted to the place of occurrence subsequently; that once bail has been granted by a Court of competent jurisdiction, the Court has to be slow in its cancellation, as the principles for rejection of bail and acceptance of bail are totally distinct; and that cancellation of bail would be tantamount to converting the finding of acquittal to one of conviction.
4. I have heard the learned counsel for the petitioner, learned D.P.-G. And learned counsel for the respondent No.2 and also gone through the record.
5. The Superior Courts have laid some principles for the cancellation of bail. The grounds for the cancellation of bail have to be stronger than those required for rejection. In the instant case, two of the accused are alleged to have inflicted injuries with their clubs to Zafar Iqbal the deceased, one of them is the respondent No.2. The other three co-accused are said to have overpowered the victim. The nature of the injuries from the postmortem report shows that a large fleshy area of the victim's body was subjected to continuous ruthless beating in a gruesome manner. According to the opinion of the Medical Officer, the cause of death is Cardio Pulmonary failure due to massive and severe beating. The death caused by inflicting constant injuries as compared to the death caused by a single severe blow, shows the presence of a real intention to commit the murder. The victim has been minced and grilled in a manner which leaves no reason for allowing the respondent No.2 to continue enjoying the concession of bail. Although the petitioner has been declared innocent by the Investigation Officer but the Courts are not bound by the ipse dixit of the police. A private complaint has been filed and the petitioner has already been summoned to face the trial. The order dated 25-11-2010 passed by the learned Addl.
Sessions Judge, Karor, granting bail to the respondent is set aside. The to the respondent is cancelled. The petition stands accepted.
Bail cancelled.